Easements over private land.
Section 10
SEC. 10. Easements over private land.—When easements of temporary or permanent occupancy over private lands are needed by a permittee or lessee for the purpose of carrying out any works essential to his operations under the provisions of this Act, he may enter into necessary agreement with the owner or legal occupant of such private land. If no agreement can be reached, or if the owner or legal occupant refuses to grant such easement, or in general, when any obstacle of whatever nature exists to the immediate and certain acquisition of the necessary surface area, or of any right indispensable to the permittee or lessee for the purpose of the concession, the municipal court of the municipality where the land is situated shall, upon application of the permittee or lessee and posting of the necessary bond, grant to the said permittee or lessee authority to use and occupy the land needed by him in his operations, pending final determination of the case which shall include among others the reasonable value or rental of the land to be occupied and the compensation for any resulting damage that the landowner or legal occupant may suffer as a result of such occupation. When the occupation of a private land is needed by the permitee or lessee in connection with his permit and/or lease granted under this Act for the purpose of constructing, maintaining, operating, and drilling bores, tanks, reservoirs, waterways, pipelines, roads, railroads, tramlies, telephone and telegraph lines, airfields, radio stations, powerhouses, transmission lines, pumping stations wharves, piers, and terminals, which are hereby declared to be for public use or benefit, the right of eminent domain may be exercised by the Government through the permittee or lessee, in accordance with the applicable laws on the matter. In all cases, whether it be an order of the court or a voluntary agreement between the permittee and/or lessee and the private landowner, as referred to in this section, a copy of such order or agreement shall be furnished to the Director of Mines. For the purpose of this section the necessity of the work will be presumed in the cases of bore drilling and auxiliary works, construction of pipelines, tanks, pumping plants, power systems, warehouses, shops, and means of transport and communication.